served clients throughout Maryland.
Checkpoint "Dragnet" CLICK HERE FOR FULL ARTICLE
On Aug. 16, 2005, the State of Maryland started a sobriety
checkpoint campaign. At least one checkpoint a week will be
established somewhere in the state.
KNOW YOUR RIGHTS AT A SOBRIETY CHECK POINT
- You have the right to make a U-Turn SAFELY & LEGALLY
and not enter the checkpoint;
-You can refuse to roll down your window to talk with the
police officer. You should be allowed to pass through the
checkpoint (however, you may be followed).
- To be asked to perform the field sobriety tests (FST) or take
a preliminary breath test (PBT) the officer needs to have at
least, a reasonable suspicion that a crime has been
committed. You can refuse to take the FST & PBT.
Even though the police normally need either probable cause or a
reasonable suspicion to stop and detain an automobile, sobriety
checkpoints have been held to be legal by the Maryland Court of
Appeals (Little v. State, 300 Md. 485 (1984))and the U.S. Supreme
Court (Michigan Dept. of St. Police v. Sitz, 496 U.S. 444 (1990)).
A stop at a sobriety checkpoint constitutes a "seizure" within the
meaning of the Fourth and Fourteenth Amendments of the Federal
Constitution; however, the stop at a sobriety checkpoint is not an
"unreasonable seizure."
In determining the validity of sobriety checkpoints, the Courts use a
three part test balancing (1) the states interest in preventing drunk
driving, (2) the effectiveness of sobriety checkpoints, and (3) the
level of intrusion on the individual's privacy. The Courts have
stated that there is a compelling interest on the part of the state to
stop drunk driving and that sobriety checkpoints are generally
effective (1% of all motorists stopped at a checkpoint are arrested
on a drunk driving charge). As such, the Courts have generally
focused on the third part of the test, the level of intrusion on the
individual's privacy.
A sobriety checkpoint will be held to be minimally intrusive if the
checkpoint is operated under limitations imposed by clear, carefully
crafted regulations approved by high level administrators, the
discretion of the field officer is severely restricted, all vehicles are
stopped, clear procedures are followed when communicating with
the motorists, the amount of fright and harassment to the motorists
is minimized, and adequate warning of the checkpoint is provided.
Stops at a checkpoint usually last less than a minute and the
checkpoint should be well illuminated. The checkpoints are
generally staffed with sufficient uniformed officers to maintain the
safety of the motorists and show legitimate police authority. Officers
generally inform the motorist of the sobriety checkpoint and provide
some literature regarding drunk driving.
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